[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR279.52]

[Page 438-442]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents
 
      Subpart F--Standards for Used Oil Processors and Re-Refiners
 
Sec. 279.52  General facility standards.

    (a) Preparedness and prevention. Owners and operators of used oil 
processors and re-refiners facilities must comply with the following 
requirements:
    (1) Maintenance and operation of facility. Facilities must be 
maintained and operated to minimize the possibility of a fire, 
explosion, or any unplanned sudden or non-sudden release of used oil to 
air, soil, or surface water which could threaten human health or the 
environment.
    (2) Required equipment. All facilities must be equipped with the 
following, unless none of the hazards posed by used oil handled at the 
facility could require a particular kind of equipment specified in 
paragraphs (a)(2)(i) through (iv) of this section:

[[Page 439]]

    (i) An internal communications or alarm system capable of providing 
immediate emergency instruction (voice or signal) to facility personnel;
    (ii) A device, such as a telephone (immediately available at the 
scene of operations) or a hand-held two-way radio, capable of summoning 
emergency assistance from local police departments, fire departments, or 
State or local emergency response teams;
    (iii) Portable fire extinguishers, fire control equipment (including 
special extinguishing equipment, such as that using foam, inert gas, or 
dry chemicals), spill control equipment and decontamination equipment; 
and
    (iv) Water at adequate volume and pressure to supply water hose 
streams, or foam producing equipment, or automatic sprinklers, or water 
spray systems.
    (3) Testing and maintenance of equipment. All facility 
communications or alarm systems, fire protection equipment, spill 
control equipment, and decontamination equipment, where required, must 
be tested and maintained as necessary to assure its proper operation in 
time of emergency.
    (4) Access to communications or alarm system. (i) Whenever used oil 
is being poured, mixed, spread, or otherwise handled, all personnel 
involved in the operation must have immediate access to an internal 
alarm or emergency communication device, either directly or through 
visual or voice contact with another employee, unless such a device is 
not required in paragraph (a)(2) of this section.
    (ii) If there is ever just one employee on the premises while the 
facility is operating, the employee must have immediate access to a 
device, such as a telephone (immediately available at the scene of 
operation) or a hand-held two-way radio, capable of summoning external 
emergency assistance, unless such a device is not required in paragraph 
(a)(2) of this section.
    (5) Required aisle space. The owner or operator must maintain aisle 
space to allow the unobstructed movement of personnel, fire protection 
equipment, spill control equipment, and decontamination equipment to any 
area of facility operation in an emergency, unless aisle space is not 
needed for any of these purposes.
    (6) Arrangements with local authorities. (i) The owner or operator 
must attempt to make the following arrangements, as appropriate for the 
type of used oil handled at the facility and the potential need for the 
services of these organizations:
    (A) Arrangements to familiarize police, fire departments, and 
emergency response teams with the layout of the facility, properties of 
used oil handled at the facility and associated hazards, places where 
facility personnel would normally be working, entrances to roads inside 
the facility, and possible evacuation routes;
    (B) Where more than one police and fire department might respond to 
an emergency, agreements designating primary emergency authority to a 
specific police and a specific fire department, and agreements with any 
others to provide support to the primary emergency authority;
    (C) Agreements with State emergency response teams, emergency 
response contractors, and equipment suppliers; and
    (D) Arrangements to familiarize local hospitals with the properties 
of used oil handled at the facility and the types of injuries or 
illnesses which could result from fires, explosions, or releases at the 
facility.
    (ii) Where State or local authorities decline to enter into such 
arrangements, the owner or operator must document the refusal in the 
operating record.
    (b) Contingency plan and emergency procedures. Owners and operators 
of used oil processors and re-refiners facilities must comply with the 
following requirements:
    (1) Purpose and implementation of contingency plan. (i) Each owner 
or operator must have a contingency plan for the facility. The 
contingency plan must be designed to minimize hazards to human health or 
the environment from fires, explosions, or any unplanned sudden or non-
sudden release of used oil to air, soil, or surface water.
    (ii) The provisions of the plan must be carried out immediately 
whenever there is a fire, explosion, or release or

[[Page 440]]

used oil which could threaten human health or the environment.
    (2) Content of contingency plan. (i) The contingency plan must 
describe the actions facility personnel must take to comply with 
paragraphs (b) (1) and (6) of this section in response to fires, 
explosions, or any unplanned sudden or non-sudden release of used oil to 
air, soil, or surface water at the facility.
    (ii) If the owner or operator has already prepared a Spill 
Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 
part 112 of this chapter, or part 1510 of chapter V of this title, or 
some other emergency or contingency plan, the owner or operator need 
only amend that plan to incorporate used oil management provisions that 
are sufficient to comply with the requirements of this part.
    (iii) The plan must describe arrangements agreed to by local police 
departments, fire departments, hospitals, contractors, and State and 
local emergency response teams to coordinate emergency services, 
pursuant to paragraph (a)(6) of this section.
    (iv) The plan must list names, addresses, and phone numbers (office 
and home) of all persons qualified to act as emergency coordinator (see 
paragraph (b)(5) of this section), and this list must be kept up to 
date. Where more than one person is listed, one must be named as primary 
emergency coordinator and others must be listed in the order in which 
they will assume responsibility as alternates.
    (v) The plan must include a list of all emergency equipment at the 
facility (such as fire extinguishing systems, spill control equipment, 
communications and alarm systems (internal and external), and 
decontamination equipment), where this equipment is required. This list 
must be kept up to date. In addition, the plan must include the location 
and a physical description of each item on the list, and a brief outline 
of its capabilities.
    (vi) The plan must include an evacuation plan for facility personnel 
where there is a possibility that evacuation could be necessary. This 
plan must describe signal(s) to be used to begin evacuation, evacuation 
routes, and alternate evacuation routes (in cases where the primary 
routes could be blocked by releases of used oil or fires).
    (3) Copies of contingency plan. A copy of the contingency plan and 
all revisions to the plan must be:
    (i) Maintained at the facility; and
    (ii) Submitted to all local police departments, fire departments, 
hospitals, and State and local emergency response teams that may be 
called upon to provide emergency services.
    (4) Amendment of contingency plan. The contingency plan must be 
reviewed, and immediately amended, if necessary, whenever:
    (i) Applicable regulations are revised;
    (ii) The plan fails in an emergency;
    (iii) The facility changes--in its design, construction, operation, 
maintenance, or other circumstances--in a way that materially increases 
the potential for fires, explosions, or releases of used oil, or changes 
the response necessary in an emergency;
    (iv) The list of emergency coordinators changes; or
    (v) The list of emergency equipment changes.
    (5) Emergency coordinator. At all times, there must be at least one 
employee either on the facility premises or on call (i.e., available to 
respond to an emergency by reaching the facility within a short period 
of time) with the responsibility for coordinating all emergency response 
measures. This emergency coordinator must be thoroughly familiar with 
all aspects of the facility's contingency plan, all operations and 
activities at the facility, the location and characteristic of used oil 
handled, the location of all records within the facility, and facility 
layout. In addition, this person must have the authority to commit the 
resources needed to carry out the contingency plan.
    Guidance: The emergency coordinator's responsibilities are more 
fully spelled out in paragraph (b)(6) of this section. Applicable 
responsibilities for the emergency coordinator vary, depending on 
factors such as type and variety of used oil handled by the facility, 
and type and complexity of the facility.

[[Page 441]]

    (6) Emergency procedures. (i) Whenever there is an imminent or 
actual emergency situation, the emergency coordinator (or the designee 
when the emergency coordinator is on call) must immediately:
    (A) Activate internal facility alarms or communication systems, 
where applicable, to notify all facility personnel; and
    (B) Notify appropriate State or local agencies with designated 
response roles if their help is needed.
    (ii) Whenever there is a release, fire, or explosion, the emergency 
coordinator must immediately identify the character, exact source, 
amount, and a real extent of any released materials. He may do this by 
observation or review of facility records of manifests and, if 
necessary, by chemical analysts.
    (iii) Concurrently, the emergency coordinator must assess possible 
hazards to human health or the environment that may result from the 
release, fire, or explosion. This assessment must consider both direct 
and indirect effects of the release, fire, or explosion (e.g., the 
effects of any toxic, irritating, or asphyxiating gases that are 
generated, or the effects of any hazardous surface water run-offs from 
water of chemical agents used to control fire and heat-induced 
explosions).
    (iv) If the emergency coordinator determines that the facility has 
had a release, fire, or explosion which could threaten human health, or 
the environment, outside the facility, he must report his findings as 
follows:
    (A) If his assessment indicated that evacuation of local areas may 
be advisable, he must immediately notify appropriate local authorities. 
He must be available to help appropriate officials decide whether local 
areas should be evacuated; and
    (B) He must immediately notify either the government official 
designated as the on-scene coordinator for the geographical area (in the 
applicable regional contingency plan under part 1510 of this title), or 
the National Response Center (using their 24-hour toll free number 800/
424-8802). The report must include:
    (1) Name and telephone number of reporter;
    (2) Name and address of facility;
    (3) Time and type of incident (e.g., release, fire);
    (4) Name and quantity of material(s) involved, to the extent known;
    (5) The extent of injuries, if any; and
    (6) The possible hazards to human health, or the environment, 
outside the facility.
    (v) During an emergency, the emergency coordinator must take all 
reasonable measures necessary to ensure that fires, explosions, and 
releases do not occur, recur, or spread to other used oil or hazardous 
waste at the facility. These measures must include, where applicable, 
stopping processes and operation, collecting and containing released 
used oil, and removing or isolating containers.
    (vi) If the facility stops operation in response to a fire, 
explosion, or release, the emergency coordinator must monitor for leaks, 
pressure buildup, gas generation, or ruptures in valves, pipes, or other 
equipment, wherever this is appropriate.
    (vii) Immediately after an emergency, the emergency coordinator must 
provide for recycling, storing, or disposing of recovered used oil, 
contaminated soil or surface water, or any other material that results 
from a release, fire, or explosion at the facility.
    (viii) The emergency coordinator must ensure that, in the affected 
area(s) of the facility:
    (A) No waste or used oil that may be incompatible with the released 
material is recycled, treated, stored, or disposed of until cleanup 
procedures are completed; and
    (B) All emergency equipment listed in the contingency plan is 
cleaned and fit for its intended use before operations are resumed.
    (C) The owner or operator must notify the Regional Administrator, 
and appropriate State and local authorities that the facility is in 
compliance with paragraphs (b)(6)(viii)(A) and (B) of this section 
before operations are resumed in the affected area(s) of the facility.
    (ix) The owner or operator must note in the operating record the 
time, date and details of any incident that requires implementing the 
contingency plan. Within 15 days after the incident, he must submit a 
written report on the

[[Page 442]]

incident to the Regional Administrator. The report must include:
    (A) Name, address, and telephone number of the owner or operator;
    (B) Name, address, and telephone number of the facility;
    (C) Date, time, and type of incident (e.g., fire, explosion);
    (D) Name and quantity of material(s) involved;
    (E) The extent of injuries, if any;
    (F) An assessment of actual or potential hazards to human health or 
the environment, where this is applicable;
    (G) Estimated quantity and disposition of recovered material that 
resulted from the incident.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]